Chicago, R.I. P. Ry. Co. v. Phelps, Judge
CHICAGO, R. I. & P. RY. CO. v. PHELPS, Judge
Syllabus
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
KANE, J.
Upon the question of the right of appeal, this case is identical with St. L. & S. F. R. R. Co. v. A. H. Couch, Justice of the Peace of Dicks Township, Woods County, Okla. T.
(handed down this term), ante, 114 Pac. 694 . On the authority *334 of that case, this must be reversed and remanded with directions to proceed in accordance with the opinion in that case. It appears from the record, however, that an attorney's fee was taxed as part of the costs in this case. If under the authority of C., R. I. & P. Ry. Co. v. Mashore, 21 Okla. 275 , 96 Pac. 630 , the same was improperly taxed, that question may be properly raised by a motion to retax the costs.
DUNN and HAYES, JJ., concur; TURNER. U J., and WILLIAMS, J., dissent.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 2 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.